Family members of those who were killed lashed out at the prosecutor Thursday, and said this is not over.

David Wilburn, the father of Tracy Burke, said his family will not be victimized again.

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"She said, 'Dad I'm really scared.' I should have went and got her, it's what I should have done. If I went and got her, this wouldn't have happened," Wilburn said.

"She's just the best mom in the world. A great mother, excellent student. You just can't say enough about her," Wilburn added about his daughter.

Tracy Burke and her former mother-in-law, Karen Comer, were killed in 2007 at Comer's home in Rineyville, Ky. Almost Immediately, police labeled Tracy's estranged husband, Brent Burke, as the killer.

Burke has been in jail ever since.

Burke is a Fort Campbell soldier and military policeman.

"This is how I look at it: He's a soldier, he's a trained killer, he's a cop. He goes into this house. He didn't kill my daughter, he executed her and Mrs. Comer. Just like he'd be clearing a house in Afghanistan," Wilburn said.

Burke was tried four times. The first two trials were declared mistrials early on. The last two ended in hung juries.

Now, three months before what would be Burke's fifth trial, prosecutor Chris Shaw announced he plans to drop all charges against Burke, informing family members of the victims by letter.

"No, I'm not happy. I want this trial to happen, and I want it done right, the way it should be," Wilburn said.

While the prosecutors' double-murder case against Brent Burke has lacked forensic evidence and left doubt in the eyes of two juries, it has not left any doubt with Tracy Burke's father or her stepmother, Gracia.

"The one thing that will convince me is when a jury stands up and says 'not guilty.' That's it, because all 12 have to say it, and I guarantee that that will never happen," Wilburn said.

The judge does not have to accept the prosecutors' motion to drop the charges.

If he does, Burke will walk free on Tuesday.

Family members of the victims in this case have hired their own attorney to try to make a fifth trial a reality.

WLKY News tried to reach Brent Burke's family and the prosecutor for comment, but was not successful.

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